Car Accident/Insurance claim

mrmichaelf

Now, i'll use the term accident losely, although its hardly the word to describe it.

On Wednesday, on my way to work, i bumped into the car in front of me on Thorne Road in stop start traffic (my own fault, i'll hold my hands up, I wasn't paying attention). I was travelling absolutely no more than 4/5 mph at the very most.

The car in front of me was a 4x4 and my bonnet hit the spare wheel cover on the back of the car. I got out, and the woman driver immeidately started shouring in agonising pain about her neck. Hear we go I thought.

The resulting damage was no more than a slight dint and scuffing to my bonnet and a few light scratches to her spare wheel cover. I of course offered my details, and offer to pay for any damage out of my own pocket. The woman was extremely unpleasant and all she was bothered about was this injury to her neck, saying it would need treatment, etc etc. She then refused to give me her details as it was me who hit her (not sure of the legalities of this).

Anyway, the other day, a letter comes to me from a law firm, saying their client (interestingly a man, not a woman) had sustained personal injuries in the accident and I need to admit fault to them within 14 days of the letter.

Now, needless to say I was a little shocked with this, not least because i was travelling at such a slow speed, I doubt any injuries could be sustained, but there was no man in the car.

I called my insurers who were not very helpful saying that I have to take responsbility as I hit them. I'm not denying I did, but I do deny that I caused any injury to someone who wasn't in the vehicle.

Can anyone give me any advice here. I don't have any witnesses and was the only one travelling in my car.

Cheers

zppp

Because you have admitted liability, it is now up to the insurance company to investigate any claim for personal injury. They will look at the information you have gien and get a statement from the other party, and assesds the injury via an expert.

Thus this is out of yor hands now, let the insurance company deal wih it for you

mrmichaelf

I rang my insurers within 10 minutes of the accident happening, to let them know. I told them then there was one woman in the car I hit and the speed I was travelling.
I just hope they dont take their word for it that there was another person travelling in the car.
Interestingly, they are not claiming for damage to the vehicle.

zppp

Sounds like they are trying to scam you. Do you have any legal protecton cover on your insurance? If so, I would get some advice from them about this.

mrmichaelf

Yes I do. However the claims guy at Direct Line, seemed to have no clue on who MLP works, and advised someone would call me back. I'm still waiting.

I'm not one for lying down and taking stuff like this from people, so i do intend to fight, what is in my book, a fradulent claim.

Mips

As someone currently suffering from whiplash from 2 bumps from behind...

.. in my opinion I would say that she is being fraudulent.

If you were only doing that speed, and she was in a 4x4 she has the weight on her side - what damage has been done to your car if any?

If you had driven into her at some speed, you would expect your car to have some kind of impact damage.



I was driven into BY a 4 x 4 and went mental on the person involved because they DID hurt my neck, however, I had lingering whiplash already. Now worse of course, and the damage they did to me smashed my boot in with all the lights and consequently my car is now a write off

ALSO - I was in shock the first time, must have driven into me about 10 mph but I never noticed any pain in my neck or anywhere the first time round.. but oh my god did I feel it 3 days later!!

geri1965_2

She wouldn't feel the effects of whiplash that quickly. Are you sure the claim is from a man? Is it a name that could refer to either a male or female person?

Maybe it was a tranny

Seriously though, your insurers should deal with this as suspected fraud claim.

JQ.

Did you get an independant witness? Without one it's your word against his/hers.

Mips

Just a thought - maybe she was insured in her husbands name?

I am and for some reason they send all details relevant to claim to him, no mention of me whatsoever.

Strider590

Had the same thing myself not long ago, it sucks.... The insurance company will just pay out despite hours arguing on the phone with them. I even went to the Police and they didn't give a flying one!

It's no wonder they get away with it! :mad:

They'll put in an injury claim at £1900 as the insurance companies have a £2000 threshold before they will contest a claim in court.

https://forums.moneysavingexpert.com/discussion/2377763

What I doubt they realise is that while they're getting a payout from the insurance company, but the persons premium will go up to compensate

I've now got a small camera in my car to record every journey I take.....

BlueFox

I work in the industry so deal with this sort of thing regularly.

It is highly unlikely she would have felt any pain from whiplash that quickly - unless she already had a pre-existing injury (perhaps from a previous fault accident which she couldn't claim compensation for??), and she saw you bumping into her with pound signs in her eyes?!

What ever you do - NEVER ADMIT LIABILITY, either verbally or in writing. It is up to the other parties solicitor / insurer to prove you were at fault and if it was a simple hit in rear then it shouldn't be difficult.

You do not need to reply to her solicitor at all - they should deal with your insurance company and have no reason to contact you.

Just a thought - maybe she was insured in her husbands name?/QUOTE]

Even if this were the case, the claim for personal injury would be in her name being the claimant, it would have nothing to do with her husband.

This claim does sound a bit dodgy to me, the problem is it is very difficult to prove if someone has a whiplash injury or not, if they are determined enough then they will be able to convince an orthopaedic consultant (who your insurer should instruct to examine her) of their injuries and then your insurer will more than likely just settle with her.